News & Analysis as of

Court of Appeals Holds That Employer’s Failure to Engage in Interactive Process Regarding Employee’s Accommodation Request...

Discrimination claims are expensive to defend and if they reach a jury, the results are often unpredictable. The summary judgment motion, when utilized properly, is an effective risk and cost containment tool available to...more

Banks Face Class Action Lawsuits Alleging Noncompliance With ADA Regulations Governing ATMs

More than 100 nearly identical class action lawsuits alleging noncompliance with Americans with Disability Act accessibility standards for ATM machines have been filed against banks and credit unions since new standards went...more

EEOC Sues Upper Chesapeake Health System for Disability Discrimination and Retaliation

Health Care System Fired a Pulmonary Function Technologist After She Requested an Accommodation and Filed a Discrimination Charge, Federal Agency Charges - BALTIMORE - Upper Chesapeake Health System, a leading health...more

MISO to Pay $90,500 to Settle EEOC Disability Discrimination Lawsuit

Power Grid Operator Denied Employee Reasonable Accommodation for Postpartum Depression, Federal Agency Charged - INDIANAPOLIS - Midcontinent Independent Transmission System Operator (MISO), a Carmel, Ind.-based power...more

EEOC Sues Lifecare Medical Services for Disability Discrimination

Employee With MS Denied Accommodation and Fired, Federal Agency Charges - CLEVELAND - Lifecare Medical Services, Inc., an Ohio medical transportation services company, violated federal law by denying a reasonable...more

Employment And Labor Alert: EEOC Updates Guidance On Several Disabilities

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued new guidance in an effort to help employers work with employees with cancer, diabetes, epilepsy and intellectual disabilities....more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Take 5 Newsletter: EEOC Update; Intern Wage and Hour Claims; NLRB Quorum; Unemployment Discrimination; Social Media Passwords

EEOC Releases Letter Addressing Wellness Programs and Reasonable Accommodation Obligations - In a letter issued recently by the Equal Employment Opportunity Commission ("EEOC"), Peggy Mastroianni, the agency's Legal Counsel,...more

Employers Beware: Anything Short of a Robust Attempt to Engage in Interactive Process Might Preclude Summary Judgment

Several recent cases in the Sixth Circuit Court of Appeals remind employers that their obligation to engage in the interactive process is an increasingly onerous one. First, in Keith v. County of Oakland, No. 11-2276 (6th...more

REDC Default Solutions to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Texas Woman Over Post-Stroke Condition, Federal Agency Charged - DALLAS - An Irvine, Calif.-based company will pay $50,000 and furnish other relief to settle a disability discrimination lawsuit brought by...more

Judgment Against AutoZone Affirmed in EEOC Disability Discrimination Case

Appeals Court Upholds Injunction and $415,000 Award to Disabled Former Employee - CHICAGO - The U.S. Court of Appeals for the Seventh Circuit has affirmed a $424,000 judgment (including $9,000 in costs) against AutoZone,...more

University of Maryland Faculty Physicians, Inc. Will Pay $92,500 to Settle EEOC Disability Lawsuit

Medical Practice Fired Employee Because of Her Crohn's Disease, Federal Agency Charged - BALTIMORE - University of Maryland Faculty Physicians, Inc. will pay $92,500 and furnish other relief to settle a disability...more

Employer Beware - Automatic termination policies are illegal. Just ask Sears.

Qualified employees with a disability are entitled to a reasonable accommodation from their employer to enable them to perform the essential functions of their job. One of the most difficult issues employers face is...more

California Adopts New Disability Discrimination Regulations

Regulations proposed by California's Fair Employment and Housing Commission governing disability discrimination have been finalized after public comment and are now in effect. According to the Statement of Purpose, the...more

Amended Pregnancy Regulations Expand Protections for Employees Disabled by Pregnancy or Perceived as Pregnant

All California employers with five or more full- or part-time employees must comply with the California Fair Employment and Housing Commission’s (“FEHC”) amended pregnancy regulations that went into effect December 30, 2012....more

Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more...more

Deaf Lifeguard Might Be Qualified To Notice Emergency Signs For Help

Would you feel comfortable with your kids swimming in a pool with a deaf lifeguard on watch? Could a deaf lifeguard notice your distressed child's cry for help? While these questions pose some serious personal judgments...more

D.O.E. Technologies and doeLegal Will Pay $130,000 to Settle EEOC Disability Discrimination Lawsuit

Hard-of-Hearing Employee Fired for Requesting Accommodations, Federal Agency Charged - WILMINGTON, Del. - D.O.E. Technologies, Inc. and a related company, doeLegal, LLC will pay $130,000 and furnish other relief to...more

Kintetsu International Express to Pay $77,500 to Settle EEOC Disability Harassment, Retaliation Suit

Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more

America's Thrift Stores Pays $50,000 to Settle EEOC Disability Discrimination Suit

Company Refused to Accommodate Employee With Joint Condition And Then Fired Her, Federal Agency Charged - BIRMINGHAM, Ala. - America's Thrift Stores of Alabama, Inc. will pay $50,000 and furnish other relief to settle...more

New York Court Holds That Extended Leave Of Absence May Be A Reasonable Accommodation Under New York City Human Rights Law

LaCourt v. Shenanigans Knits, Ltd., No. 102391/11 (N.Y. Sup. Ct., N.Y. Cty., Nov. 14, 2012): While still employed by defendants, the plaintiff informed her supervisor of her recent breast cancer diagnosis and her decision to...more

Pregnancy Discrimination Law Update

In an important ruling for employers, the Fourth Circuit recently underscored that the Pregnancy Discrimination Act (PDA) does not require employers to provide pregnant workers with special accommodations. Young v. United...more

Act Now Advisory: DOJ Serves Notice: Celiac Disease and Severe Allergies Now Classified as Disabilities Under the ADA -...

A recent settlement agreement between the United States Department of Justice ("DOJ") and Lesley University in Cambridge, Massachusetts explicitly extends the protections of the Americans with Disabilities Act ("ADA") to...more

New Sixth Circuit ADA Opinion May Make Employers Rethink How They Engage in the Interactive Process

Nicholas Keith has been deaf since birth. After initially being offered a job as a lifeguard for Oakland County, Michigan, he, like all other County lifeguards, had to undergo a physical performed by a physician retained by...more

Employer’s Reliance on Third Party Assessment to Determine Reasonable Accommodation May Lead to ADA Liability

The Sixth Circuit Court of Appeals recently addressed an issue of first impression, holding that the ability to hear is not necessarily an “essential function” of the job of lifeguard. Keith v. County of Oakland, No. 11-2276...more

51 Results
|
View per page
Page: of 3